Partner Milan
"Italian Government has anticipated that it will introduce a rule which obliges employees to use Green Pass to access the place of work. If the employee refuses to do so, a possible measure is to suspend it without remuneration. Company regulations should be introduced."
Use of collective agreement business reasons to renew and extend fixed term contracts is permanent
The provision of Article 41-bis of Law Decree No. 73/2021, according to which fixed-term contracts can be renewed and extended according to business reasons indicated by collective bargaining agreements (at national, local and company level), is permanent and structural. The 30 September 2022 deadline – introduced by the emergency legislation – is only applicable for the execution of the first fixed-term contract. In this case the use of such business reasons will expire with the aforementioned deadline. The deadline does not apply to renewing and extending fixed-term contracts, and the use of collective bargaining agreements is permanent.
INL Note 14/09/2021 No. 1363
Green Pass extended to school canteens
The requirement for a Green Pass has been extended to everyone who access to schools, including employees working in school canteens and in cleaning services, as well as parents accompanying students inside school premises. A Green Pass is now also required to access universities, academies and conservatories. School managers (and external contractors who have employees working in schools) will be responsible for verifying the pass. Those in breach of the new rules may be fined between €400-1000.
Law Decree 10/09/2021 No. 122
Vaccination compulsory for hospice employees
As of 10 October 2021, hospice employees will be required to be vaccinated against Covid-19. Employees that do not get vaccinated will be suspended from work without pay (as is the case for all healthcare employees).
Law Decree 10/09/2021 No. 122
INAIL fines for failures to report accidents at work
INAIL delivered a circular to clarify various aspects of the penalty procedure for cases involving a failure to report an accident at work which impacts an employee for longer than three days (this includes professional illnesses and, particularly, silicosis and asbestosis). The circular confirms that an administrative fine may be imposed in cases involving complete failure to report an accident or instances of late or incomplete reporting. A report must be made no later than two days after the employer receives notice of the accident. This is reduced to one day if the accident has resulted in the death of the employee or places them at risk of death.
INAIL Circular 09/09/2021 No. 24
No INAIL coverage for car accidents involving drug use
An employee injured in a car accident as a result of cocaine use is not entitled to INAIL annuity or daily allowance covering temporary disabilities. The employee’s altered state when driving the car is to considered an elective risk, with their abnormal/unpredictable behaviour eliminating the link between insurance coverage and insured activities. In such cases, the responsibility of the employer is voided and any insurance coverage against accidents at work does not count.
Supreme Court 27/08/2021 n. 23527
Social security charges exemption available
As of 15 September 2021, businesses which have made use of the re-employment contract (introduced by Article 41 of Law Decree No. 73/2021) to hire unemployed workers as part of a six month’ training project can file an application to obtain a social security charges exemption. The exemption does not include INAIL contributions and is valid for a six month period with a €500 monthly limit.
ANPAL clarifications on New Skills Fund
ANPAL has confirmed that the 120 day limit to complete training financed by the New Skills Fund is applicable in all cases in which the participation of the Joint Interprofessional Fund or fund for training and income support for employees is used. The 120 day limit can be extended if the employer has a reasonable need for an extension and ANPAL approves.
ANPAL Decree 07/09/2021 No. 43
Lunch break considered working time if employee forced to return to work
Employees must be paid for any work they are asked to do during their break time. This is on the basis that the notion of ‘work time’ also includes time when the employee is at the employer’s disposal. Instances where the employee must cut short their lunch break in order to carry out new work also falls within this category. The break is to be considered as working time also if the interruption is occasional and unpredictable, when the interruption of the break has an objective impact on the employee’s time availability. poradic or reasonable interruptions will not be considered ‘working time’.
EU Court of Justice 09/09/2021 (claim C-107/19)
Director’s silence is not a waiver to compensation
A director’s waiver for compensation should be inferred by unambiguous and definitive behaviour, giving clear indication of said director’s wishes. Simply failing to request compensation is not enough unless the right to be compensated is not subject to a director’s express wishes or if the specific conditions of the engagement allow to infer a tacit waiver to the compensation.
Supreme Court 23/07/2021 No. 21172
Resignation for cause indemnity must be approved by judge
If an employee hands in their resignation with cause and their employer doesn’t agree with the given reasons, they can communicate to the relevant authorities that, in their view, the resignation is not grounded in relevant causes. In such cases, the employer will only be required to pay the notice period indemnity if a judge deems the resignation with cause to be valid.
Supreme Court 05/08/2021 No. 22365
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Partner Milan
Counsel Milan